I was banned from a school system for providing behavior interventions to students without the administration's approval. The Board's attorney banned me using a trespassing statute.
I never trespassed since I was asked to come to the teacher's classroom by the teacher. She invited me to mentor students who were having behavior problems.
The principal informed me that the Supt. and Board of Education's Attorney conspired to ban me because the Supt. was upset about a book that I had released and my advocacy work that resulted in the system being taken to court. This is the third year of my ban. I have asked for a hearing, and The Board of Education refuses to give me one. According to one member, their attorney told them that they had to ban me.
What legal remedies are available to me? I have tried to patiently work with the system, but I would not like to litigate the issue. The attorney wrote a letter to my local court informing them of my ban, which resulted in me being removed from my CASA cases. I have been humiliated, which I am sure was the Supt.'s goal. Can anything be done?
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5Were you a student, faculty, unaffiliated volunteer or something else? And if you were a student, how old were you at the time? Unless you are a student in mandatory education, you may not have any right to be on school property should they not want you there - in that situation, trespass is the way to remove you from the property. I'm less convinced of the first amendment argument here, hence the queries.– user28517Apr 14, 2021 at 0:54
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2Can you elaborate on "a book that I had released and my advocacy work that resulted in the system being taken to court"? That might help you get a more helpful answer.– George WhiteApr 14, 2021 at 1:04
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1We cannot advise what a [\oerson should do in a particular situation. We can answer questions about what the law permits or requires. I suggest that you rewrite the question to ask abut the relevant law. In any case you will probably need a lawyer to go forward with this.– David SiegelApr 14, 2021 at 1:21
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3If the teacher gave you permission to be at the school then I would suppose you were not trespassing at that time. But the "trespass" stuff is often used as shorthand for a formal warning that you no longer have permission, that you need to leave immediately, and that if you come back then you will be trespassing and liable to be arrested, etc.– Nate EldredgeApr 14, 2021 at 1:25
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1 Answer
You may have a claim for First Amendment retaliation, which could entitle you to monetary damages and order compelling the school to lift the trespass order.
You should talk to a lawyer with experience in this area of the law.
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2No, sorry. They can invite and dis-invite her at will. They can invite her once and not again, she can't just keep showing up forever. The principal can overrule the teacher's invitation and central can overrule the principal. Anyway, go prove that it is because of the book and not just a vague "this mentoring program does not meet our needs."– DamilaApr 14, 2021 at 16:44
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3This unaffiliated person has no right to be at the school during school hours at all. It is nothing like a drivers license, business license, use of the library. And no one is sending anyone to prison. these are all non-sequiturs.– DamilaApr 14, 2021 at 18:45
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3Thank you. This will be my last comment. Entering a school as a non-student or parent, even being a volunteer mentor, is not the same as employment (Re: Elrod v Burns) And it is not a public benefit.– DamilaApr 14, 2021 at 19:59
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2The book advocated pedophilia and the school decided that its author would not be an appropriate person to interact with the students under their care. Tell me more about the absolute nature of the 1st amendment Apr 14, 2021 at 23:45
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